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Found 7 results

  1. I do not know where to post this so I am putting it here. Some of this I have asked before but we have new information, an evolved situation, and new advice from attorneys so I am seeking guidance here because I do not know which path to proceed with and have limited time and resources. Any information or advice is welcome! The summary of our case history is as follows: My wife (Russian citizen, possibly stateless) first came to America in 2011 on a K-1 fiancee visa. We married and she received her conditional green card. We lived in America together until personal issues caused us to separate and her to return to Russia with our daughter in 2014 a few months before we were to file for the removal of conditions on her green card. I remained in America and filed when it was time but was told that they could not process it as my wife left the country. I moved to Russia in 2015 where we reconciled and had a second child together. When the Ukraine war started in March of 2022, we filed for an IR-1 spousal visa and humanitarian parole. We never heard anything about the humanitarian parole but later found out it was approved in March of 2023 but never sent to the Embassy and we were never notified. We continued the IR-1 process and she did the medical and interview at the US consulate in Almaty, Kazakhstan in March 2023. They suspended processing as they demanded original copies of my divorce decree from my previous marriage and we could not get those documents to them due to the sanctions. DHL was the only company willing to attempt delivery and the documents were seized at the Kazakh border by customs who refused to release them. While this was happening, we were forced to flee Russia under emergency conditions due to political persecution and threatened imprisonment/execution in July 2023. We fled to the US embassy in Astana where my wife was given a new emergency humanitarian parole valid for 2 years. We entered the US in August 2023 and she was inspected and paroled for said 2 years. As of July 2023, her IR-1 case on the CEAC website shows refused as the status but we have never received any documentation regarding this. My initial plan of action was to file an I-485 to adjust her status based on being an immediate relative (spouse) of a US citizen and using the I-130 that we filed with her IR-1 visa application. I have been told by an immigration attorney that her green card from 2011-2014 should still exist but in a 'suspended' state. That we could file an I-751 to remove the conditions but upon reading the instructions it states you can only do so within 90 days of returning to the US. We are outside of that window and I was not aware that this was a possibility until today. I was also told by the same attorney that we can file an I-824 to request action on her IR-1 visa and effectively have it transferred from the US consulate in Kazakhstan to the USCIS here in America but upon reading those instructions it states this does not apply to denied or pending applications and only approved ones. It is my understanding that the I-485 is the only real option open to us but I am not sure if that is true and am seeking opinions on this. I was also told that the medical exam she had done in Kazakhstan in March 2023 is still valid for the I-485 as they are now valid for 2 years instead of 6 months. Even if that is the case, we do not have a completed I-693 as everything there was done electronically. All we do have is her vaccination record for all the vaccines she received. I assume she will need a new civil surgeon appointment for the I-693 to submit with the I-485. Please correct me if I am wrong. I have written several letters and made several phone calls to the State Department, USCIS, and multiple US consulates regarding our case but have not been able to determine the correct course of action as most of my inquiries go unanswered. At this point, I plan to just proceed with the I-485 as it seems to me it is the only valid option.
  2. Dear VisaJourney forum users, I have been reading chats for days, and firstly, I would like to say I am impressed by the quality of the pieces of advice and shared experiences I have found on here. This is the BEST US Immigration forum I have found til this day :) I would like to receive your advice & guidance on the following topic please: My Case; I have been a US permanent resident since 2012. I first entered the U.S with a student visa (F1 if I remember well). After 4 years being a student I got sponsored by my ex wife in 2011, and got my Green Card this way. In April 2019 I went back to my native country (France) due to major personal & family issues. I did not file for a re-entry permit because my trip was temporary. I decided to extend my stay in France because my grandpa was dying from a brain tumor and was diagnosed with less than 12 months left to live, and I wanted to be there for the funerals and to be with my family. At the time my grand father passed away, I had been out of the country for about 10 - 11 months. This is when E. Macron, our President, declared the state of emergency and restricted the ins & outs of the country. Knowing I'd be in trouble to go back to the U.S later on, I filed a Returning Resident visa (SB-1). It took a very long time before I actually got an appointment with the U.S embassy based in Paris. My case got declared eligible, and after gathering all the requested pieces of evidence and taking the medical exams, I finally got an appointment for the second round of interview. Within less than 5 minutes the immigration officer denied my visa and gave me back my Green Card. I asked if I could make an appeal and/or go back to the U.S, and he told me it was not possible because of the denial. He said I failed proving of my intent of coming back before departing the U.S, so I assumed he meant I was accused of abandoning my permanent residency, which I of course contested. My petition for a Returning Resident visa (SB-1) was denied at the end of Feb. 2021. After the denial, I immediately started searching online to see if there would be a way for me to get back and challenge the verdict. I of course realized it is totally up to the CBP officer I'd have in front of me. Honestly I got scared because there is no guarantee I'd be let in, no matter what I do at a U.S port. of entry. In addition to the fear of rejection, the vaccine against the Covid-19 was mandatory to travel to Los Angeles and was mandatory to come back to France in case I'd be rejected at the POE. I finally got vaccined on Oct. 2021. QUESTIONS: 1) If I go back to L.A now, do you think I have a chance to enter the U.S even with a denied SB-1 visa on my records? 2) Do you think a CBP officer would let me in if I request a hearing before an immigration judge? 3) Do you think a CBP officer would let me in if I voluntarily sign a form I-407 in order to voluntarily abandon my permanent residency? 4) If I end up signing a form I-407, does it have any negative consequences later on if I ever petition for permanent residency again, and/or for naturalization purposes? 5) What would be the best strategy to do in my case? I thank you in advance for sharing your experience & knowledge with me. I already contacted 3 immigrations lawyers as soon as my SB-1 got denied, and none of them have been helpful. I can't wait to hear from you, kind regards, Anthony ~
  3. Hi, I'm a permanent resident of the US. My wife is Canadian (She’s born in Taiwan). We got married in the US last year, and our baby was born in the US last year, too. My wife entered the US with her Canadian passport every time, based on agreement between the US and Canada, she can stay up to 6 months per visit. Currently, my wife would like to apply for the green card. Based on our investigation, there are two options: Adjustment of Status and Consular Processing. Currently, we prefer Adjustment of Status since my wife can work in the US after getting the EAD card and the Advance Parole document can allow her to travel back to Canada. Consular processing does not support EAD card or travel document. If we choose Adjustment of Status, is it OK for my wife to stay in the US when the application is in pending status? (Our concern is that she entered the US with her Canadian passport, there is no valid visa) If we choose Consular Processing, can my wife enter the US when the application is still in pending status? We know it might take more than 1 year to get the marriage based green card approved nowadays, which one option will take shorter time? Thanks, Kevin
  4. Hello! So much has changed since my husband arrived from Cuba in 2015 and there has been a lot of talk regarding the Family Reunification Program for Cuban family members coming to this country. We are trying to bring my husbands mother and in 2017 she was denied a visa to visit. She was told she must wait another 5 years to apply which has now passed. Currently there is a Biombo or visa raffle that many Cuban citizens are applying to in Cuba. Is there anyone here that has current (within the last 3-6 months) experience with bring a relative via the family reunification program or any other legal means? We are reluctant to apply for a visitor visa in fear that she may be denied again. My husband is a permanent resident and I am an U.S. citizen. Thank you in advance to anyone who has information!
  5. Hi, please don't judge me. It was a stupid honest mistake. Back when I was 22 i was approached by a guy in college and he asked me some questions.. its been more than 15 years ago (hard to remember what he asked/I dint paid attention to his questions).... back then I thought it was a poll questions regarding the college I was attending (that night it was cold, and windy and I was extremely exhausted and sleepy). All I remember that some of the questions were regarding my name, DOB, and address.... so, it turned out that he was filling out a voting registration form for me. I never never voted.... I did reached out the the county clerk and got everything cancelled. Currently, I'm a DACA recipient and I just got married to a US citizen. we want to file for the green card but I don't know if I should do it because of this stupid mistake. Did anyone went thru something similar? thank you all
  6. Hello, I need to travel abroad while the removal of conditions on my conditional green card is pending (through marriage). Is traveling with my expired green card + Extension letter enough or do I have to get the i551 stamp ? Thanks for your help
  7. So My friend who is a permanent resident of USA petitioned his unmarried son and along with him is his both unmarried son and daughter who are no 18yr olds. Their NVC are now documentary approved and sent to US embassy manila waiting for F2B becomes available. Can one of the child be removed for now since he just had a child and doesnt want to leave his young baby alone. if so how do you do that? thanks
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